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HomeMy WebLinkAboutMinutes - Legislative Review Committee - 02/26/1998 -City Manager 1- Cit of Fort Collins a A 1W ~I,1 I.. II ~ I •~ This update is designed to keep you informed of the legislative activities undertaken by the City of Fort Collins.It is provided bimonthly,throughout the legislative session,following every Council-Staff Legislative Review Committee meeting.Please direct all questions and comments regarding this update to Blair D.Leist via e-mail or extension 6796.Thank you. I.Minutes of the February 26,1998 meeting II.Enclosures List of Bills Introduced into the General Session Feb.10 -Feb.25,1998 City of Fort Collins List of Followed Bills Article:Bills set sights on cutting taxes Article:State legislators need to be reminded that it’s our money,not theirs Article:State GOP incumbents face big challenges ~flA I ~Pnrfø Awpn,,p •Pfl Rnv ~Xfl •Fnrt CnIlinc Cfl XflS22-flSRfl •(971fl 771-6~flS •FAX (Q7rn 721-Mfl7 0 LEGISLATIVE REVIEW COMMITTEE MEMBERS Council Members Ann Azari Mayor (970)221-6505 Scott Mason Councilmember 221-6505 Will Smith Mayor Pro Tem 221-6505 Staff Members John Fischbach City Manager Guy Boyd Poudre Fire Authority, Director of Administrative Services 221-6570 Stewart Ellenberg Risk Manager 221-6774 Marty Heffernan Assistant to the Director of Cultural,Library and Recreational Services 221-6064 Randy Hensley Transportation Services 221-6608 Diane Jones Deputy City Manager 221-6505 Alan Krcmarik Finance Director 221-6788 Blair Leist Assistant to the Director of Administrative Services 221-6796 Legislative Affairs Coordinator Gale McGaha Miller Water Quality Technical Manager 221-6231 Rita Davis Executive Project Manager,Police Services 221-6628 Rondall Phillips Director of Transportation Services 221-6615 Steve Roy City Attorney 221-6520 Tom Shoemaker Natural Resources Director 221-6263 Michael Smith Water/Wastewater Utilities Director 221-6681 Liz Stroh Integrated Resources Manager 221-6522 Bill Switzer Utility Economist,Light and Power 221-6713 Tom Vosberg Community Planning and Environmental Services Policy Analyst 221-6224 Kevin Wilson Fire Marshall,Poudre Fire Authority 221-6570 Brian Woodruff Environmental Planner 221-6604 Legislative Review Committee Council Member-Staff Meeting Meeting Minutes for February 26,1998 Council Attendance:Ann Azari,Scott Mason,Will Smith Staff Attendance:Guy Boyd,Rita Davis,Marty Heffernan,Diane Jones,Alan Krcmarik, Ron Phillips,Liz Stroh,Bill Switzer,Tom Vosburg,Blair D.Leist (Recorder) I.Legislative Review--Blair Leist The City of Fort Collins List of Followed Bills was updated on Feb.26.Since only late bills are now being introduced into the Session,the CML List of Followed Bills is no longer included in the packet.Instead,a listing of all bills introduced,and their status, has been provided.Since Feb.10th,there have been 10 house bills and 9 senate bills introduced. II.Finance and Taxation --Alan Krcmarik SB49 the Internet Taxation Bill is now supported by the Governor.CML is working hard against this bill,but is concerned it may pass.If so,the bill will impact sales tax revenues.Over time the impact could be dramatic as more purchases are made in cyberspace.HCR1002 and HB1 152,a proposed state constitutional amendment and accompanying bill,would phase in changes or the rates at which residential property, vacant land,and non-residential property are assessed for property-tax purposes.These measures would repeal a formula that has been driving down residential assessment rates since the early 1980’s (the Gallagher Amendment)and replace it with “homestead exemptions”--excluding local property taxes from being applied to the first $75,000 of each owner-occupied home’s actual value. III.Transportation --Ron Phillips A recently introduced bill,HB1375 requires that each metropolitan planning organization’s metropolitan area,at a minimum,comprise a transportation planning region,rather than requiring that 5 of the transportation planning regions be the existing metropolitan planning organizations.Increases the maximum number of transportation planning regions that may be established by the transportation commission if additional new metropolitan planning organizations are designated.The bill really isn’t necessary but has brought forward by the State Attorney General’s Office.Staff recommends monitor.SB17O,Norton’s bill,has been amended changing the word “transportation” to “highway”.Initially,this created concerns,but it only impacts a portion of the funds that are allocated to the Capital Development Committee.These funds would probably be used for maintenance purposes.Of greater concern is the local shareback aspect of the bill which is still intact.HB1256 is Anderson’s bill which funds transportation,k 12,and higher education.The bill is continuing to wind its way through the process. 0 IV.Light and Power --Bill Switzer SB 178 is the long awaited PSCo/Colorado Springs deregulation bill.This bill has effectively split Colorado Springs from CAMU and CML.The bill forces municipal utilities to participate in retail wheeling.If they choose to opt-out,they must noti&their customers placing the utility in a no-win situation.The bill is detrimental to PRPA in that 2/3 of PRPA must be opened to competition.It also disregards any air quality and environmental improvements that PRPA has made over the last several years.Staff and LRC recommend oppose.SB 152,Wattenburg’s dereg study bill,continues to move through the legislative process even though it has definite detractors.The bill failed last year,but may pass both houses this session. V.Public Safety --Rita Davis SB 1068,concerning a statewide radio communications network is currently in House Appropriations.Creates the public safety radio communications trust fund for the acquisition and maintenance of public safety radio communication systems for use by the departments of public safety,transportation,natural resources,and corrections. Caps the principal of the trust fund at $50 million,plus any contributions made to the department of personnel for the fund.The bill will facilitate the changing of analogue comm systems to digital which is a necessary step.Unfortunately,the concerns addressed within this bill are not fully fleshed out.For instance,the cost to Larimer County alone is $25 million;1/2 of the amount allocated for the state. Additionally,there are issues regarding transmissions,participating parties and other logistical concerns and constraints. Action:The Mayor has suggested that the City work closely with the County on this issue.The process for this needs to be identified. VI.Other Business The March 12th LRC meeting is canceled.The LRC will reconvene on Thursday, March 26th. Respectfully Submitted this 26th day of February,1998 Blair D.Leist 1998 GENERAL SESSION Bills Introduced:February 10 -February 25,1998 House Bills Status 1369 Salaz Chiropractic Licensure Exams 2 13 Introduced in House and assigned to:HEWI Status 1370 Hefley District Boards of Health Membership 2 13 Introduced in House and assigned to:HEWI Status 1371 Swenson Expulsion for Dangerous Weapons 2 16 Introduced in House and assigned to:Education Status 1372 Swenson Review Certificates in Negligence Actions 2 16 Introduced in House and assigned to:Judiciary Status 1373 Hefley Tax Credit for Language Training 2 16 Introduced in House and assigned to:Finance Status 1374 Tucker Post-Release Supervision of Offenders 2 16 Introduced in House and assigned to:Judiciary Status 1375 Anderson Transportations Planning Regions 2 17 Introduced in House and assigned to:Transportation Status 1376 Agler Crime Victim Protection for Civil Action 2 20 Introduced in House and assigned to:Judiciary Status 1377 Morrison Review of Health Benefit Denial 2 20 Introduced in House and assigned to:HEWI Status 1378 McElhany Illegal Actions Against Legislative Witnesses 2 20 Introduced in House and assigned to:State Affairs 0 Senate Bills Status 172 Lacy State Treasurer Management Fee 2 06 Introduced in Senate and assigned to:Finance 2 13 SFinance refers bill to SAppropriations 2 20 SAppropriations amends bill and sends to floor for S2nd reading 2 24 Bill passes S2nd reading and is sent on for S3rd reading Status 173 Rizzuto Part B Medicare and Nursing Facilities 2 10 Introduced in Senate and assigned to:HEWI Status 174 Chiouber Regulation of Greyhound Racing 2 10 Introduced in Senate and assigned to:Agriculture 2 20 SAgriculture amends bill and sends to floor for S2nd reading Status 175 Chlouber Increased Simulcast Greyhound Races 2 10 Introduced in Senate and assigned to:Agriculture Status 176 Feeley Unauthorized Military Activities 2 12 Introduced in Senate and assigned to:State Affairs Status 177 Lacy Telephone Service in High Cost Areas 2 17 Introduced in Senate and assigned to Business Status 178 Blickensderfer Electric Retail Wheeling 2 19 Introduced in Senate and assigned to:Local Government &Business Status 179 Dennis Enforcement of “Safe Drinking Water Act” 2 20 Introduced in Senate and assigned to:Local Government &Appropriations Status 180 Schroeder Criminal Information System 2 24 Introduced in Senate and assigned to:Judiciary &Appropriations February 26,1998 City of Fort Collins List of Followed Bills (1998 Session) Bill #Bill Bill Committee Local Summary CML Sta(f&LRC City Staff Description Sponsors Assigned Legislator Analysis Position Position Dept.Person Air Quality 4 Applies standards to activities Norton Senate None No impact to City MI Monitor NR Woodruff on public property Appropriations 1003 Removes state Schauer Appropriations Bacon No impact to City Ml Monitor NR Woodrnff’ implementation plan req’s. which are more stringent than federal mandated req’s. 1081 Req’s.Certain reporting by Bacon Senate None No impact to City Ml Monitor NR Woodruff owners of vehicles within the Transportation AIR program 1106 Adds new or improved tech.Tucker Senate HEWI Reeves No impact to City Ml Monitor NR Woodruff As grounds for AQCC to revise SIP plans or air quality regs.or standards 1109 Addresses req’s.of fed Taylor Senate Reeves No impact to City Ml Monitor NIt Woodruff agencies concerning activities Floor Matsunaica on fed,lands. Elections 1105 CML sponsored bill Anderson Loc.Govt.Johnson The Clerks Office supports this bill because I)clarifies Support Staff:support Clerks R.Harris simpli~ing reporting who is the appropriate officer to file reports with during A.Jensen’ requiremnts for bc.govt.a particular election 2)eliminates the requirement that a candidates under the Fair candidate in a local election file campaign reports every Campaign Practices Act,month beginning the sixth MI month before an election and 3)eliminates quarterly filings following an election until the candidate has a zero balance. Finance and Taxation 32 Modifies bc.govt.audit law Reeves House Local Johnson Causes more differences between state and local tax Municipal Staff and LRC:Finance Krcmarik to provide more flexibility Government bases.May shift expenditures Interest Oppose,but not a regarding req for inventory of strong position. property 49 Restricts state and bc.taxes Schroder House Finance Tool Minor change to state law.Reviewed by CML and other Oppose Staff and LRC:Finance Krcmarik related to Internet transactions cities;provides some additional flexibility Not a big Support,but no action. concern for Fort Collins February 26,1998 City of Fort Collins List of Followed Bills (1998 Session) Bill #Bill Bill Committee Local Summary CML Staff&LRC City Staff Description Sponsors Assigned Legislator Analysis Position Position Dept.Person 64 Provides for state and local Arnold Transport.None Killed In Committee Municipal Staff and LRC:Oppose Finance Krcmarik sales and use tax refunds .Interest Creates more differences between state and local saleswhenautomobileisresold tax base.within 30 days 92 Completely exempts personal Duke Finance None Killed In Committee Oppose Staff and LRC:Oppose Finance Krcmarik property from taxes without , Major revenue impact to City.Refers question to voter.replacing local revenue loss, subject to referendum 94 Provides a property tax credit Mutzebaugh Senate None Large impact to school district county,and other entities Municipal Staff and LRC:Oppose Finance Krcmarik for the elderly which reduces Appropriations that rely on property tax revenue.Interest local tax revenues 100 Specifies that utility and other Ament Senate None Specifies that pipelines,utility lines,and Municipal Staff and LRC:Finance Krcmarik peoperty installed in Appropriations telecommunications lines are personal property.Interest Monitor easements or ROWs will be treated as personal peroperty for tax purposes 101 Exempts clothing and Blickensderf Senate None Causes differences between state and local tax bases.Municipal Staff and LRC:Finance Krcmarik footwear from state and local er Appropriations May shif expenditures.Interest Oppose,but no strong sales and use taxes,action. 1005 Increases amount of business Spradley Senate Finance None Provides a partial exemption for business personal Oppose Staff and LRC:Oppose Finance Krcmarik personal property tax property.Phases out personal property over Syear exemption with only partial period. state revenue replacement for bc.govts. 1020 Relaxes req’s.for bc.govt.Taylor Senate Local Reeves Increases the local govt.exemption for small bc.govis.Support Staff and LRC’Support Finance Kicmarik having small budgets Government from $50,000 to $100,000. 1030 Exempts value of FCC Agler House Bacon Decreases tax revenue Municipal Staff and LRC:Oppose Finance Krcmarik licenses granted to wireless Appropriations Interest carriers from property taxes 1065 Repeals state sales tax on McElhany Senate Finance None Repeals state sales tax on telephone and telegraph Oppose Staff and LRC:Lean to Finance Krcmarik telecommunication services services.Current version allows local governments to oppose,but monitor for and reqs.bc.govts.to act tax such services,now affinnatively in order to retain the tax 1069 Enacts state programs to assist George Appropriations Bacon An assistance program for cities and towns experiencing Municipal Staff and LRC:Finance Krcmarik growth impacted bc.govts.rapid growth.Sets up a pilot program and iniitial Interest Monitor,lean toward funding for program.support. February 26,1998 Permanently reduces state Lamborn income tax rate from 5 to 4.75%;subject to referndum City of Fort Collins List of Followed Bills (1998 Session) 140 Reduces shcool property tax Blickensderf Finance None Creates aschool district mill levy reduction fund.Municipal Staff and LRC:Finance Krcmarik levies er Transfers the lesser of $280 million or the amount of the Interest Monitor prior year excess from the State General Fund to the SDMLRF.Requires proportional reduction of mill levy for all school districts 169 Temporary reduction of state Norton Finance None Requires excess revenue refunds to be made through Municipal Staff and LRC:Finance Krcmarik income tax rate income tax credits.Allows additional time for refund to Interest Monitor .be made.Only effective if no election to approve use of excess revenue is successful For next five years,this bill makes increased revenue transfer to be used for state and local transportation construction and maintenance.Sales and use tax percentage to transportation is increased by 50%. Creates state excess revenue transportation fund in the state treasury.Specifies the distribution of the funds. Refers the act to the voters. 1202 Highway construction May House Bacon Increase General Fund transfer to capital construction Municipal Staff and LRC:Finance Krcmarik allocations Appropriations find $100 million for highway construction,repair,Interest Monitor maintenance and expansion. 1212 Spending excess state George Finance Tool Killed In Committee Municipal Staff and LRC:Finance Krcmarik revenuew ..Interest MonitorUpto$250 million of excess revenue to be approved by voters for state use.Many uses for the funds:local growth impacts,school capital projects for health and safetyk health insurance,Children’s Basic Health plan, finance public schools,multimiodal transportation,State Capitol,water lawsuits,native species protection, abandoned mine clean up,and water storage.Trmporary income tax reduction for amounts over $250 million. Bill #Bill Bill Committee Local Summary CML Staff &LRC City Staff Description Sponsors Assigned Legislator Analysis Position Position Dept.Person 1085 Authorizes direct payment of 0.Berry House Bacon Exec Director of State Dept.of Revenue may issue Municipal Staff and LRC:Oppose Finance Krcmarik state and local sales and use Appropriations direct payment permits to certain qualified vendors.Interest taxes by large businesses.Permits have been problematic for City Finance and Taxation—Surplus Related Legislation Senate None No direct/detrimental impacts to City Municipal Staff and LRC: Judiciary Interest Monitor Finance Krcmarilc Increased transportation finding Norton Senate Floor None Support Staff and LRC: Support Finance Transp. Krcmarik Phillips A- February 26,1998 Provides for a study of electric power retail competion City of Fort Collins List of Followed Bills (1998 Session) Bill #Bill Bill Committee Local Summary CML Staff&LRC City Staff Description Sponsors Assigned Legislator Analysis Position Position Dept.Person 1263 Disposition of constitutional Saliman Finance Tool Killed In Committee Municipal Staff and LRC:Finance Krcmarik limited revenues -.Interest Monitorlipto$100million to be refunded to taxpayers.Excess divided among school construction,higher education, and HUTF.$90 million to HUTF,18%to cities.Would require voter approval. 1256 Authorizes retention of state Anderson Senate Finance None Authorized retention of state reveunes exceeding Municipal Staff and LRC:Finance Krcmarik revenues Senate Approp TABOR limits for K-i2 education,higher education,and Interest Monitor state and local transportation needs.() 1275 Revenue excess and property Adkins Finance Tool Killed In Committee Municipal Staff and LRC:Finance Kicmarik tax reduction .,Interest MonitorAnindirectrefundofstatedollars.State revenue excesses would be applied to school finance.Local property taxes would be reduced based on number of students. Human Resources 1145 Subjects bc.govt.employers Zimmerman Loc.Govt.Johnson Oppose Pending HR Shae-Reid to state investigation and litigation proceedings when Killed in Committee employees allege bc.govt retalieation actions agains their employees. Light and Power Wattenberg Business Matsunaka Sets up a 21 person panel to study the impacts of retail Support Staff and LRC:Light &Switzer wheeling.Support Power 178 Restructuring the retail Blickensderf Loc.Govt.Reeves Detrimental to PRPA and does not allow many of the Oppose Staff:Oppose Light St Switzer electric market in Colorado er Business Matsunaka affected interests to participate in the process Power 1284 Reqs.implementation of Schauer Business None Requires fill retail wheeling by July I,2000.No rate Oppose Staff and LRC:Oppose Light &Switzer electric power retail comp.protection to residential,low-income,or small business Power customers. 0 February 26,1998 City of Fort Collins List of Followed Bills (1998 Session) Bill #Bill Bill Committee Local Summary CML Staff&LRC City Staff Description Sponsors Assigned Legislator Analysis Position Position Dept.Person 1285 Imposes conditions on Veiga Business None Killed In Committee Municipal Staff and LRC:No Light &Switzer implementation of electric Interest position Power power retail wheeling ~Attempts to predetermine the rules on many critical protect consumers and the issues before an)’deregualtion decision is made.Establishes a3%of non-bypassable gross revenue charge environment.to be used for public benefits including renewable energy resources,energy efficiency programs,low income energy assistance,weatherization,consumer education, and subsidizing decentralized community energy systems. Land Use 1129 Eminent Domain—Prohibits Salaz Loc.Govt Johnson Killed in Committee Municipal Staff:oppose ROW Mills generally for purpose of Interest Trans Phillips reselling to private persons or ROW—The bill is not necessary becausel)if a CPES Vosburg entities for commercial use municipality can’t prove “public need”it can’t condemn anyway and 2)in “partial take”situations,such as acquiring street ROW,the city might be required to obtain excess property as an uneconomic unit—property has no economic value. 1163 Annexation—Severely restreict Sullivant municipal annexations Killed in Committee -, Legal Standing 006 Confers on political Ament Agriculture None Killed In Committee MI Staff and LRC:Amend Aft.S.Roy subdivisions standing to assert to limit to injunctiveBillmaybebeneficialinthatitenablescitiestoreliefratherthan or defend property or contract challenge,on “takings”grounds,the regs.of other govt.monetary damages. nghts entities.Goes too far in authorizing govt.entities to recover monetary damages against one another February 26,1998 City of Fort Collins List of Followed Bills (1998 Session) Bill #Bill Bill Committee Local Summary CML Staff&LRC City Staff Description Sponsors Assigned Legislator Analysis Position Position Dept.Person Natural Resources 1006 Creates state find to promote Adkins Appropriations Bacon The bill I)appropriates moneys from the State General Ml Staff and LRC:Support NR Shoemaker conservation of endangered Fund and would amount to $5.8 million for FY 1998 and species FY 1999;2)does not directly affect local government and does not impose any regulatory obligations or provide any finding to local government;3)creates aseparate Species Conservation Trust Fund within the state treasury which can be used only for the conservation of federally or state ( listed threatened or endangered species,or native species in Colorado that are in danger of becoming threatened or endangered;4)indirectly affects Fort Collins to the extent that the City is a party to,or affected by,cooperative agreements or programs for the recovery of threatened or endangered species.Analysis attached. Parks and Recreation 3 Extends Lottery sunset from Bishop House Finance Toot The lottery has been very beneficial to the City.Support Staff and LRC:Support CLRS Heffeman 1999 to 2014 Conservation Trust Funds (40%of GOCO finding)have provided funding for trails ($3.5 million),open space purchases ($2 million)and trait and open space maintenance ($1.5 million).GOCO grant dollars to the City include $3.4 million for the Poudre-Big Thompson Rivers Legacy Project,funding for the Poudre River Gravel Study,renovation of Sheldon Lake and various trail projects Provides for video lottery Lacy Appropriations None Not a good bill,but does not wanant any City action.Municipal Staff and LRC:CLRS Heffeman terminals at race tracks and Interest Monitor () allocates dome profits to Colorado promotion find 1113 Authorizes scratch games Lawrence Senate State None Killed In Committee Municipal Staff and LRC:CLRS 1-leffernan based on Bingo Affairs ....Interest Monitor Has the potential to provide $6-S million to Great Outdoors Colorado Police 31 Modifies youth crime Linkhart House Tool Requires results-oriented criteria for measuring program MI Support Police Davis prevention and intervention Judiciary Kaufman effectiveness and person served by program to be tracked programs for 2 years. Passed Senate .sent to House 1128 February 26,1998 Bill #Bill Bill Committee Local Summary CML Staff&LRC City Staff Description Sponsors Assigned Legislator Analysis Position Position Dept.Person 37 Restricts disciplinary action Lacy Business Matsunaka Sets limits on the disciplinary actions that may be taken Oppose Monitor Police Davis when “sting”operations against a retail licensee of alcoholic beverages when uncover illegal sales to minors Passed Senate caught in a sting using aperson under 21 years of age, .sent to House .to be heard 2/26@l:30 81 Authorizes carrying of Choulber Killed in Committee Oppose Oppose Police Davis concealed weapons and — preempts local regulation — 96 Contains misc,revisions,Congrove Judiciary None Killed in Committee Oppose Oppose Police Davis including some reductions in .A mixture of changes to the law that makes the criteriacrimesandpreemptionof.. local authori~’for violation or proof of violation more stringent.Fewer‘people will be found in violation of the law under the criteria of this bill.All repeals the crime of bringing alcoholic beverages or cans into the major league baseball stadium.Prohibits local governments from enacting measures that restrict the affirmative defenses to the crime of unlawful weapon possession.Downgrades the severity of criminal charges for contributing to the delinquency of minors and for introducing drugs and alcohol into a detention facility. 97 Further restricts govt.Congrove Judiciary None Killed in Committee Municipal Oppose Police Davis authority for wiretapping and .....Interest .Adds tracking devices to the definition of electroniceavesdroppingcommunications.Clarifies that governmental employees are not authorized to intercept cell phone signals without awarrant.Establishes additional limitations on the issuance of warrants.-. 99 Authorizes local needle Wham House HEWI None Significant concerns over the effectiveness of the Municipal Oppose Police Davis exchange programs programs.Encourages drug use and abuse.Interest 1034 Regulates dissemination of Snyder Killed in Committee Municipal NA Police Davis information about sex Interest offenders 1068 Establishes and funds astate Anderson Appropriations Bacon Establishes a trust fund ($50 million)to help provide Municipal NA Davis Police communications program public safety radio communications.Fund can be used Interest Stroh CST for the acquisition &maintenance of public safety radio Boyd PFA communications for use by Dept’s of public safety, transportation,natural resources and corrections.Adopt a statewide recommended standard for the replacement of analog-based equipment with digital-based radio equipment. February 26,1998 Bill #Bill Bill Committee Local Summary CML Staff&LRC City Staff Description Sponsors Assigned Legislator Analysis Position Position Dept.Person 1091 Increases penalty for weapons Epps House Bacon Increases penalty for possession of a weapon for Municipal Support Police Davis possession by felons Appropriations convicted felons from a class I misdemeanor to a class 6 Interest felony. 1102 Modifies Colorado’s instant Owen Senate None As introduced,confonned state law to implementation of Municipal Monitor Police Davis criminal background check Judiciary Brady law and also made some changes in instacheck Interest system for weapons that were inconsistent with Brady.Inconsistent parts have been removed. Open records—Req’s.law Schauer Judiciary Kaufman Bill adds more specificity and detail to what has to go Municipal Oppose Police Davis enforcement agencies to into public records regarding criminal investigations.Interest prepare and make available to Bill gets very specific,may cost considerable amounts to the public specified arrest and comply and may hamper investigations. incident reports 1187 Imposes driving restrictions Morrison Killed In Committee on minors 1260 Preempts weapons regulations Salaz Senate None The bill makes firearms an issue of statewide concern Municipal Oppose Police Davis by local governments Judiciary and 1)preemts bc.govt’s.from adopting ordinances Interest more restrictive than the state law and 2)makes such ordinances unenforceable at the bc.level. Transportation 170 Increased finding for Norton Transportation None Increases the percentage of state sales and use tax Municipal Staff and LRC:Transp.Phillips transportation needs in available for transportation.Creates asurplus revenue Interest Support Finance Krcmarik Colorado transportation find and provides for local shareback of both new revenue sources.Refers the act to the voters for local shareback of both new revenue sources.Refers the act to the voters in 1998. 1375 Establishes transportation Anderson House Floor All Local Analysis Pending NA NA Transp.Phillips planning regions House Reps. WARY 18,1998 ifis set sights on cutting taxes Phones,property could get relief By John Fryar rise Daily Tunes-Gill DENVER —Coloradans would be excused from paying hundreds of millions of dollars in state and local taxes each year.under a set of measures given initial approval in the House on Tuesday. In a series of voice votes that ap peared to be dominated by ma jority-party Republicans,House members OK’d: •A proposal to make temporary annual reductions in the state’s S percent income-tax rate to refund any excess revenues the state is collectin$above constitutional growth limits set by the Tax payer’s Bill of Rights. •A bill that would eliminate Colorado’s 3 percent sales tax on telephone service. •A measure that would exempt P businesses from having to pay school taxes part of the value of le their machinery,office equipment ~!I and other personal property. U-•A partial state tax exemption on interest and dividend income and net capital gains. •A sweeping set of proposed re forms in the property-tax system, including ‘-homestead ex emptions’’that would excuse many Coloradans from having to pay taxes on the first $75,000 of their homes’actual values. Colorado Springs Republican Rep-Andy McElhany argued that his bill to eliminate the state’s sales tax on telephone service -‘does something for the low end of the income spectrum.the people who need it the most.” McEihany said.“The telephone is a necessity,and we don’t tax ne cessities in Colorado.”He cited existing state sales-tax ex emations for purchases of food and pharmaceuticals. But Aurora Democratic Rep. Bob 1-lagedorn commented that McElhany’s telephone tax break “could also be a very substantial corporate welfare program,too.” since large businesses with high volumes of phone use would save the most. Foes of several of the tax- reduction proposals may be count ing on Gov.Roy Romer to veto the measures if the House bills sur vive in the Senate.The Senate. meanwhile,is considering a num ber of its own tax-reduction and tax-reform ideas, Tax-cut and tax-reform mea sures surface in session,but this year sponsors may get a more congenial reception because state government is collecting more money than it’s constitutionally al lowed to spend.Those excess- revenue collections are projected to total $1.2 billion to $1.6 billion during the next five years. Romer wants lawmakers to ask voters to allow the state to keep and spend at least part of that money —for projects such as pub lic~school construction and re pairs.highway improvements. higher-education facilities and technology. Such a plan is expected to be de bated in the house later this week. Republican House Majority Lead er Norma Anderson of Lakewuod is sponsoring a bill that would ask voters to let the state set aside $130 million a year from the excess revenues for each of the next five years. A third of the resulting $900 mil lion would be spent on state and local transportation projects.a third would help local school dis tricts with construction and reno vation projects,and a third would go to capital-construction projects for the states colleges and univer sities. Romer also told the Legislature in January that if any tax breaks are in the offing as the result of surplus revenue collections,then programs benefiting Colorado’s children should be the first in line. Romer specifically called,for ex ample,for expanding the state’s income-tax credits for families’ child-care expenses. Democratic Sen.Terry Phillips of Louisville is sponsoring such a proposal,while Sen.Doug Linkhart,D-Denver,is carrying a bill that would grant tax credits to businesses making investments in child-care facilities for their corn munities or their employees. Meanwhile,the authors of the tax-cut bills that got initial House approval on Tuesday touted the merits of their ideas. Steamboat Springs Republican Jack Taylor said “the main pur pcse”of his proposal to r tin -~ By John Fryar The Digs/v Tinses-G UI DENVER —Tax-reduction and tax-reform measures get ting initial approval in Colo rado’s House Tuesday: •House Bill 1228.which would make temporary annual adjustments in Colorado’s 5 percent flat income-tax rate to reduce tax collections when ever it’s projected that rev enues are exceeding state- government growth limits set by the Taxpayer’s Bill of Rights. For example:Officials calcu late that state government may collect $325 million more during the current 1997-98 fiscal year than that TABOR section of the Colorado Constitution allows.If the bill were law.Coloradans would get a refund in the form of a 4.5 percent state income- tax rate on their 1998 taxes rather than having to pay the fullS percent. The bill is being sponsored by House Speaker Chuck Berry of Colorado Springs. •House Concurrent Resolu tion 1002 and House Bill 1152.a proposed state constitutional amendment and accompanying bill,would phase in changes of the rates at which residential property.vacant land and non residential property are as sessed for property-tax pur poses.Those measures have been proposed by Rifle Republi can Russell George. The measures would repeal a formula that has been driving down residential assessment rates since the early 1980s.and replace it with “homestead ex emptions”excluding local property taxes from being ap plied to the first $75,000 of each taxes on capital gains and interest income was “to get the little guy to save more.” Beuiah Repubiiean Rep.Lola owner-occupied home’s actual value. I House Bill 1266.which would exempt an individual from having to pay annual state income taxes on the first 52.300 of interest income,dividend in come and net capital gains.A married couple filing a joint re turn would be excused from having to pay taxes on the first $4,600 of such interest.dividend and capital-gains income. I House Bill 1065.which would eliminate the state’s 3 percent sales tax on telephone service. •House Bill 1005.which ~vould excuse businesses from having to pay local schools’ property taxes on each busi ness’first $25,000 worth of ma chinery,computers.office equipment and other personal property.Businesses would continue to nay taxes to cities. counties and school districts on that personal property,how ever. Final House votes on those tax-reduction and tax-reform measures are expected this week.Also awaiting House de bate and action this week are at least two other bills proposing tax breaks: •House Bill 1100.which would perrnanentl~’-.educe Col orado’s 5 percent state income tax rate to 4.75 percent —un less voters someday agreed to increase the rate again. •House Bill 1214.a proposal from Republican Rep.Kay Al exander of Montrose to exempt buyers of farm equioment from having to pay the state’s 3 per cent sales and use tax.The total savings to farmers and ranchers would exceed $4 mil lion a year.officials have esti mated - Spradley said her bid to trim busi’ nesses personal-property-tax li ability would be “a reduction of an onerous tax.” A look at measures set forth in House session ite nt aid ~ay he rily eful king U.S. 5 en •crat. illow— e Col tre he 41987’ use or ‘nting State legislators need to be reminded that it s our money,not theirs Revised estimates show the amount of surplus state revenue may exceed $400 million this year. Since $140 million in excess revenue last year provided a $120 tax credit for each avenge couple,$420 ml Won would yield $360 per couple. That’s real money,In low-income households,it is one or two weeks net take-home pay.We deserve the full refund we voted for in passing the Taxpayer’s Bill of Rights. Government will always invent needs to justify more spending,even though remain ‘mg state revenue increased as fast as population and inflation combined,to handle growth impacts.Seizing our tax refunds means bigger govern ment —a massive tax increase.Why?Because we will pay more in total taxes if we lose our tax refund than if we get it Lower taxes make it easier to keep working, get ahead and live the American dream.$260 means the most to those who have the least ‘The solution to poverty is not failed social programs, make-work construction projects or welfare hand outs;it is a private sector job with a decent after- tax income. A uniform tax refund offsets our regressive tax system.Colorado households earning less than $6,000 now pay 24.7 percent of their income in total state and local taxes;those earning more than $20,000 pay 6.9 percent For property taxes, the difference is 7.3 percent vs.1.3 percent,for sales taxes,it is 12.2 percent vs.1.6 percent. Giving the same relief to rich and poor alike is good public policy and true tax reform —fair, simple to implement,easy to understand. Tax refunds also benefit the economy.Citizens will spend money in stores,increasing slate and local sales tax revenue;fix up their homes,mis- mg property tax revenue;and create more jobs, boosting income tax revenue, The best solulion is to c-ut taxes Sn our money (foes not travel to Deliver in the first place,But (Joy.Rooter will not sign aity tax cut,even a broad-based one that helps the poor the most. such as the pending bill to eoct Ilie state tele phone tax.So any tax ctit most be referred to voters or wait until 1999.~vlten ‘ye have a new governor. If the state needs money,an allernate revenue source Ls to auction surplus state-owned land. Four million acres of surface and mineral rights at an average of $250 per acre is SI billion for schi mis.Selling lain I also wol Id phase out the state anti hoard hi reaucracy and Pitt more land on property lax rolls to help all local govern InenIs. Instead of the expense of a statewide election issue.why not let ititividitals ilecile how to speoti their own refund dollars?Simply add to Ilie income tax form a list of options for those who want to give all or part of their refund to state or local goveninient.One check-off box for state roads,one for K-t1 school constnlction,one for suite parks,one for city police —any prugrtun legislailors wish..ii ,o Cii izeit then votes how much of ii is refit id “ill go for his family’s needs and how touch for governments wanls. Such gifts are exempt fromo spending limits.That nietliocl should make everyone happy. This simple.self-governing solut ton —one person,one vole —avoit Is Ihe Iyr,inmly of Ihe maiontv.iii wIt kit .3I p’~~’et~t of’voters call divert the refunds of the other 49 percent,plus all non-voters.This proposal is cooperative,not coer cive,It is flexible,not one-size-fits-all, Alter calling volers who supported tax lintils clueless and stupitl,Gov.Romer,who opposed giving us the right to vote on taxes,now says it would be arrogant not to let people vote,Well, we aireacly have voted to limit the growth of government.In six state elections since 1992,six ballot issues —one per year —were either tax increases or attempts to create exceptions to tax limitation,All were defeated decisively Instead of politicians hadgering voters a seventh time (begging us to share with them our money they should not have taken from is in the first place),each taxpayer can make his own choice when he fills out next year’s income tax return. Politicians think whats theirs is theirs,what’s ours is negotiable.Taxpayers who want their full tax refund should call their state senator (303-866-2316)and state representative (:303-2643.2904).Simply say,Save the election costs.Give back all the excess revenue.”Since politicians falsely claimed in 1992 that Colorado would go broke if it passed tax himitatbn,why should we now believe their claim they need our money more titan our families do? Peak voices is open to readers who have expertise or personal experience in an area of public policy.Articles should be limited to 600 words in length and can be sent to:Peak Voices.The Gazette,P.O.Box 1779. Colorado Springs.CO 80901. DOUGLAS BRUCE Dackground:Formerly a prosecutor in Los Angeles, Bruce has been a Colo rado Springs real estate investor since 1986. Experience:Bruce authored Amendment 1. a statewide tax-limitation measure adopted by Colo rado voters in 1992.as well as the local tax-limitation law adopted by Springs voters in 1991. Hes an activist on behalf of citizens’right to petition government. State GOP incumbents face Al big challenges What’s new?DI The religious right and (he firearms right B are offering primary election challenges to Russell George,three-term House member from Rifle and Tanibor Williams,a fresh man from Greeley. More incumbents are expected to see the Same. True,it has been said racing improves the breed and a little competition ncver hurt anyone.But the way (lie primary contests are bein~cooked up is becoming all too common In the Republican Party, To wit,in a memo by the Rocky Mountain Gun Owners,members are told:‘One of our arch enemies is being brought to the ~:ca~i -,Ililliard -~Vie As,oc,jIecI Press table”In the debate over the concealed weapons carry bill, Sen.Ken Chlouber,R-Leadville primary sponsor,had asked George to carry the bill in the House, The concealed carry bill would ease regu lations for getting a permit to carry a con cealed gun,and the RMGO has made it a holy war.It isn’t much of a war It’s been beaten six times with relative ease. Dudley Brown,the organization’s chief honcho,hasn’t liked any of the bills George has offered in past years,and thinks George’s votes on firearms issues are dreadful because George has opposed most of them, On Feb.8,fellow Republican Brian Prun ty decided to get into tho race against George,saying he is frustrated w,ih George’s liberal views,and characterized himself ass ‘‘independent conservative’ lie is anti-abortion,pro-gun,against same- sex marriages and thinks gevernment should be smaller,tax people less spend less and limit its role in public education. ‘l’ambor Williams is being opposed by what appears to be a religious right faction that has taken to recording the license il-ales of guests or visitors to lit-r home. A year or so ago a fellow Republican law maker,Bill Kaufman of Loveland,visited Williams to discuss lroubleso’ne political campai~ns and as he was leaving saw some one jotttng down his car license. Kaufman has been whipsawed by the re ligious right in his three campaigns,and has persevered,and Williams is capable of doing so too. She said that lately,someone,a legislative employee,perhaps,has been recording ~Vil hams’trips to (lie microphone and her per formances in commiLtee,and those observa tions have been telephoned,apparently daily,to Greeley for use in the RR’s battle plan, Williams,57,won in House fist.50 in s906, and in her first year passed a bill reducing unemployment compensation costs to em ployers by $38 million.She also passed a bill requiring judges up for review for another tern.behinit the bench to be profiled in the legislative Blue Book,the publication that traditionally had outlined only issues,and not candidates. Dot what set the radical right of the GOP up were her votes on Ihe partial birth abor tion bill,which never reached the house floor for debate,and the legislative p”y raise,hiking lawmakers pay for the hurst time in 15 years. The puzzle in alt this is that in the last de cade nr so of snorting anil pawing the grminil,and criticizing their elected Re publican members for not being Republican enough,the religious right and (lie gun folks haven’t ousted anyone. earl flilhia -il cat’lie re:,elied at TIM :ls sociale,I l’ni.’is,1411 ll’azc’e Si.,Suite £30. Denver,Bti2iu2